Government Discusses Plea of Guilty and Deferred Prosecution in the 2026 Criminal Code

The government continues to finalize a number of important substances in the Problem Inventory Lis (Daftar Inventarisasi Masalah/DIM) related to the Draft Bill (Rancangan Undang-Undang – “RUU”) on the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana – “KUHAP”). Several issues in the spotlight include pleas of guilty, postponement of prosecution with conditions (Deferred Prosecution Agreement – “DPA”), Coercive measures, and the rights of suspects and defendants.

“These issues are in the spotlight because they concern the balance between the effectiveness of the law enforcement process and the protection of human rights, before the new Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) comes into effect in 2026,” said an internal source at Hukumonline who declined to be named.

Furthermore, the government wants the new KUHAP to be able to realize a fair ‘due process of law’ in providing assurance that the law is not enforced arbitrarily or without certainty. Especially in adopting a more efficient mechanism for resolving criminal cases and oriented towards restorative justice. On the other hand, issues regarding coercive measures—such as arrest, detention, search and seizure—are treated with care so as not to be misused and to still guarantee the constitutional rights of citizens in the legal process.